Bill Text: NY A05139 | 2019-2020 | General Assembly | Amended

---

Bill Title: Encourages the participation of minority- and women-owned business enterprises in state contracts by avoiding unnecessary and unjustified bundling of contract requirements that preclude minority- and women-owned business participation.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2020-07-16 - reported referred to ways and means [A05139 Detail]

Download: New_York-2019-A05139-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         5139--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 7, 2019
                                       ___________

        Introduced  by  M.  of  A. BLAKE, BICHOTTE, COOK, JOYNER, MOSLEY, ORTIZ,
          SEAWRIGHT, DICKENS, ARROYO, SAYEGH -- Multi-Sponsored by -- M.  of  A.
          THIELE  --  read  once  and  referred to the Committee on Governmental
          Operations -- recommitted to the Committee on Governmental  Operations
          in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  again  reported  from  said  committee with amendments,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the executive law and the state finance law, in relation
          to encouraging the participation of minority and women-owned  business
          enterprises in state contracts

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2-a of section 313  of  the  executive  law  is
     2  amended by adding a new paragraph (k) to read as follows:
     3    (k)  require  that each state contract avoids unnecessary and unjusti-
     4  fied bundling of  contract  requirements  that  precludes  minority  and
     5  women-owned business enterprises' participation in procurements as prime
     6  contractors.   For purposes of this paragraph, "unnecessary and unjusti-
     7  fied" shall mean not required, not needed and with no legitimate reason.
     8    § 2. Section 139-g of the state finance law is amended by adding a new
     9  subdivision (e) to read as follows:
    10    (e) require that each state contract avoids unnecessary  and  unjusti-
    11  fied  bundling  of contract requirements that precludes small and certi-
    12  fied women and minority-owned business' participation in procurements as
    13  prime contractors.  For purposes of this subdivision,  "unnecessary  and
    14  unjustified"  shall mean not required, not needed and with no legitimate
    15  reason.
    16    § 3. Subdivision 4 of section 313 of the executive law, as amended  by
    17  chapter 96 of the laws of 2019, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08797-04-0
        A. 5139--B                          2

     1    4. In the implementation of this section, the contracting agency shall
     2  (a) consult the findings contained within the disparity study evidencing
     3  relevant  industry  specific  disparities in the utilization of minority
     4  and women-owned businesses relative to their availability;
     5    (b)  implement  a program that will enable the agency to evaluate each
     6  contract to determine the appropriate goal for participation by  minori-
     7  ty-owned business enterprises and women-owned business enterprises; and
     8    (c)  [consider  where  practicable,  the  severability of construction
     9  projects and other bundled contracts; and
    10    (d)] consider compliance with the  requirements  of  any  federal  law
    11  concerning  opportunities  for  minority and women-owned business enter-
    12  prises which effectuates the purpose of this  section.  The  contracting
    13  agency shall determine whether the imposition of the requirements of any
    14  such  law  duplicate  or conflict with the provisions hereof and if such
    15  duplication or conflict exists, the contracting agency shall  waive  the
    16  applicability  of  this  section  to  the  extent of such duplication or
    17  conflict.
    18    § 4. This act shall take effect immediately;  provided  however,  that
    19  the  amendments to section 313 of the executive law made by sections one
    20  and three of this act shall not affect the expiration  of  such  section
    21  and shall be deemed to expire therewith.